Table of Contents
- Site Requirements
- Your Information and Disclosure to Third Parties
- Information Made Available through This Site or Third-Party Sites
- Acceptable Use
- Terms specific to our Credit and Debt Tools
- Protecting Your Devices and Account
- Warranties; Disclaimers
- No Liability
- System Outages, Slowdowns and Capacity Limitations
- Marks, Application and Content
- Severability / No Waiver
- Applicable Law
- Contact Us
- Terms Specific to STEM Lending
- New Jersey State Disclosure
- Additional Technology
“STEM Lending”, “we,” “us” or “our” means STEM Lending, Inc. and its affiliates, agents and assigns in the United States.
“Products” means the mortgage loans, financial education materials and any other products or services provided through the Site.
“Site” means the STEM Lending website (www.stemlending.com) and any associated websites, products, services or mobile applications.
“You” or “your” means any user of the Site.
When the word “including” or “includes” are used in these Terms they mean “including but not limited to” or “includes but is not limited to”.
By accessing and/or using the Site, you are agreeing to these Terms. For example, These Terms apply to any use of the Site. For example, these Terms apply: (1) when you use the Site as a guest, (2) when you register as a user of the Site or (3) when you sign up for one or more Products. If you sign up for a Product, you may be required to acknowledge and agree to be bound by additional terms and policies for that Product.
You agree to provide accurate, current and complete information about you when you register as a user of the Site and when you sign up for a Product. You further agree to promptly update your information when it changes.
3. Changes; Conflicts
We reserve the right, at any time without notice to you and in our sole discretion, to change or discontinue the Site, the Products, or the Terms. Modifications to the Terms may be provided through the Site, including by posting the revisions on the Site. Continued use of the Site or the applicable Products following such modifications constitutes your acceptance of those modifications. To the extent that there is a conflict between these Terms and the terms of any Product, the terms of the Product will govern.
You must be an individual of at least eighteen (18) years of age and reside in the United States or on a United States military base in order to use the Site.
5. Site Requirements
To use the Site and to view documents presented in connection with certain of our Products, you will need:
• a Current Version (defined below) of an Internet browser we support;
• a connection to the Internet;
• a Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader); and
• a computer and an operating system capable of supporting all of the above.
By “Current Version”, we mean a version of the software that that we support and that is currently being supported by its publisher. We support the Current Version and, for a period of time (at least three (3) months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Internet Explorer and Safari.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to access the Site for your own personal use and not for any commercial or business purpose (“Your License”).
7. Your Information and Disclosure to Third Parties
Some functionality of the Site will involve the transmission of personal information that you provide to us or that we obtain directly from your browser (“Your Information”).
8. Information Made Available through This Site or Third-Party Sites
You are permitted to use the tools, content, information, links, trademarks or any other intellectual property made available to you on or through the Site (“Site Information”) only for your own personal use and not for any commercial or business purposes. You are not permitted to publish, transmit or otherwise reproduce any Site Information in any format without our express written consent. In addition, you are not permitted to change, hide or remove any copyright, trademark or any other notices contained on the Site. We reserve the right, in our sole discretion, to add, change or remove any Site Information at any time and from time-to-time. These Terms do not provide you with any rights to any Site Information other than those specifically described in these Terms. All rights not expressly granted in these Terms are reserved by us or the third-party providers of any Site Information.
The Site may contain links and other functionality that connect with websites and applications not provided by us, including social media sites (“Third-Party Sites”). We are providing these links and functionality solely as a convenience to you. We are not responsible for and have no liability for the content, features, products, services, privacy policies or terms of service of any Third-Party Sites. The fact that we have provided a link to a Third-Party Site is not an endorsement of that Third-Party Site or its owners, sponsors or operators. We have not tested any information, software or products found on any Third-Party Site and therefore do not make any representations about those sites or any associated products or services.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY (1) YOUR RELIANCE ON ANY SITE INFORMATION INCLUDING ANY OPINION, ADVICE, CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR ANY THIRD-PARTY SITE OR (2) YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD-PARTY SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR OBTAINED FROM A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION CONTAINED ON THIS SITE OR ANY THIRD-PARTY SITE.
9. Acceptable Use
You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:
• uses technology or other means not authorized by us to access the Site Information or our systems;
• uses or launches any automated system, including “robots,” “spiders,” or “offline readers,” to access any Site Information or our systems;
• attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• attempts to gain unauthorized access to our computer network or user accounts;
• encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
• is unlawful, fraudulent, or deceptive;
• attempts to damage, disable, overburden, or impair our servers or networks;
• fails to comply with applicable third-party terms; or
• otherwise violates these Terms.
10. Terms specific to our Credit and Debt Tools
As part of our credit and debt tools, you agree that we may provide you with updates regarding changes to your consumer report and important notifications related to your credit profile, which we may do on our website, push notifications, emails or text messages.
You may cancel your participation in our credit and debt tools at any time by contacting 1-646-798-1800. We may cancel your participation if you do not login for 12 consecutive months and we reserve the right to modify or eliminate the credit and debt tools, at any time. Our credit and debt tools are only available to customers who have a social security number.
Our credit and debt tools are provided for free and are for educational purposes only. We are not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act and we do not provide “credit repair” services or advice or assistance regarding “rebuilding” or “improving” your credit. Articles provided in connection with our credit and debt tools are general in nature, provided for informational purposes only and are not a substitute for individualized professional advice. We make no representation that we will improve or attempt to improve your credit record, history, or rating.
Subject to applicable law and the terms of any Product, we reserve the right, in our sole discretion, to terminate Your License, your user account and any Product provided to you and to assert our legal rights with respect to content or use of the Site that we reasonably believe is or might be in violation of these Terms or the terms of any Product.
12. Protecting Your Devices and Account
If you register on the Site or sign up for any Product, you are solely responsible for maintaining the security of your devices used for accessing the Site and for the confidentiality of your account information, including your access credentials. You are solely responsible for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account, or any other breach of security, by calling us toll-free at 1-646-798-1800.
13. Warranties; Disclaimers
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SITE. THE SITE AND PRODUCTS PROVIDED BY US AND OUR THIRD-PARTY PROVIDERS ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SITE OR ANY SITE INFORMATION.
THE SITE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. WE DO NOT WARRANT OR REPRESENT THAT THE SITE INFORMATION IS COMPLETE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. NEITHER WE NOR ANY OF OUR THIRD-PARTY PROVIDERS HAVE ANY RESPONSIBILITY TO MAINTAIN THE DATA, SITE INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THE SITE OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION WITH THAT DATA, SITE INFORMATION OR PRODUCTS. THE SITE INFORMATION AND AVAILABILITY OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SECURITY-RELATED LOSSES OR DAMAGES.
14. No Liability
YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH: (A) YOUR USE OF THE SITE, SITE INFORMATION, ANY PRODUCT (INCLUDING ANY APPLICATION FOR SUCH PRODUCT) OR ANY THIRD-PARTY SITE, OR (B) ANY SITE FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
15. System Outages, Slowdowns and Capacity Limitations
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Site or communicating with us through the internet or other electronic and wireless services.
16. Marks, Application and Content
The names STEM Lending, the STEM Lending logo, and other STEM Lending trademarks, service marks, graphics and logos used in connection with the Site are our trademarks or registered trademarks (collectively “STEM Lending Marks”). Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners (collectively “Third-Party Marks”). The STEM Lending Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner. The Site and its content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights.
17. Severability / No Waiver
If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed to be removed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms or additional terms for the Products will not waive our right to later enforce those provisions.
18. Applicable Law
A. This Agreement shall be governed by and construed in accordance with federal law and any applicable laws of STEM Lending’s State of operation without regard to rules concerning conflicts of law or choice of law.
We are committed to making our Products accessible to our customers and the public, including individuals with disabilities. Please contact our Customer Care Center toll-free at 1-646-798-1800 and ask to speak to our customer support desk who can help clarify our accessibility support services.
A. Reasonable Accommodations: Individuals who need a reasonable accommodation to access our Products should call our Customer Care Center toll-free at 1-646-798-1800 and ask to speak to our ADA Coordinator. Requesters will need to provide the date on which the reasonable accommodation is needed and information about the nature of the requested accommodation. Requesters should include contact information such as an email address or telephone number at which they can be reached. Depending on the nature of the request, we may need significant advance notice to provide a reasonable accommodation.
B. Feedback: The Site has been designed to conform to the Accessibility Guidelines 2.0, Level AA standard. In the event that a user with a disability experiences accessibility issues with the Site, please notify our ADA Coordinator toll-free at 1-646-798-1800. In your communication to us, please specify the nature of the accessibility difficulty, including the web address that may have presented an accessibility challenge.
C. Third-Party Sites: The Site contains links to Third-Party Sites. We do not make any representations with regard to the accessibility of Third-Party Sites and are not able to re-mediate accessibility barriers on such sites.
20. Contact Us
Many questions regarding our Products and the Site can be answered through our FAQs. Any other questions, complaints or Claims regarding the Site or the Products should be directed to our Customer Care Center by calling us toll-free 646-798-1800
21. Terms Specific to STEM Lending, Inc.
STEM Lending is not a direct lender. We are an online digital mortgage broker with appropriate licenses to operate only in the states as listed under our “Licenses” section of the Website.
B. California Residents. A married applicant may apply for a separate account.
C. Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
D. Married Wisconsin Residents. If you are married: (1) you confirm that any mortgage loan application that you make is made on behalf of your marriage or family; (2) no provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin’s Marital Property Act will adversely affect a creditor’s interest unless prior to the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (3) you understand and agree that we will provide a copy of any mortgage loan agreement to your spouse for his or her information. If the mortgage loan for which you are applying is granted, you agree to notify us if you have a spouse by sending us your name and your spouse’s name and address to us at STEM Lending at our corporate address, Attention: Wisconsin Resident.
22. New Jersey State Disclosure
New Jersey Residents: Notwithstanding anything to the contrary in Sections 8, 12 or 13, we do not disclaim liability for any damages directly and proximately resulting from our own gross negligence, recklessness or intentional misconduct. However, in no event (except with respect to personal injury) will we be liable for indirect, special, incidental or consequential damages, losses or expenses or for punitive or exemplary damages of any kind.
23. Additional Technology
We may use Google, Inc. (“Google”) Maps API to help pre-fill in address information on the Site. By using this service, you agree to be bound by Google’s Terms of Service. To learn more about Google’s Terms of Service, please visit https://www.google.com/policies/terms.